Meal and Rest Break Violation Lawyer in California

Missing Your Breaks at Work?

California requires employers to give most non-exempt employees real breaks. When they don't, the law requires the employer to pay you extra.

Consultations are free and confidential, and you pay no attorney's fees unless we win your case. If we don't win, you owe nothing, including case costs.

Meal Breaks (Labor Code Section 512)

A 30-minute, unpaid, duty-free meal period that starts before the end of the fifth hour of work, and a second 30-minute meal period before the end of the tenth hour. If you work no more than 6 hours, you and your employer can mutually agree to waive the first meal break. If you are not relieved of all duty, the meal period must be paid.

Rest Breaks

A paid, 10-minute rest break for every four hours worked or "major fraction" of four hours. Rest breaks should fall in the middle of each work period when practical. Employers can't require you to stay on call during rest breaks.

What You're Owed

For each workday a compliant meal break isn't provided, one additional hour of pay at your regular rate of compensation. The same applies, separately, for rest breaks (Labor Code section 226.7). The regular rate includes non-discretionary bonuses and commissions, not just your base hourly wage (Ferra v. Loews Hollywood Hotel, 2021). Claims generally reach back three years, and in some cases four.

Common Violations

Late meal breaks, interrupted breaks, being told to stay by the phone or radio, auto-deducted meal breaks you didn't take, and schedules that make breaks impossible in practice.

Meal and Rest Break FAQs

My employer says I chose to skip my breaks. Employers must provide breaks and relieve you of duty. They don't have to force you to take them, but a workplace where breaks aren't realistic can still be a violation.

What's a claim worth? As a rough illustration only: at $25 an hour, missing one meal break and one rest break every workday for a year could mean roughly $12,000 or more in premiums, before interest and penalties. Your actual numbers depend on your records. Call (818) 904-0100 for a free consultation.